# Child Abuse Prevention and Treatment Act *Federal statute approved January 31, 1974 (Public Law 93-247), enacted from S. 1191 of the 93rd Congress, which Senator Walter F. Mondale of Minnesota introduced.* The **Child Abuse Prevention and Treatment Act** is a federal statute, Public Law 93-247, approved January 31, 1974. Its enacted title describes it as an act to provide financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect, and to establish a National Center on Child Abuse and Neglect.[^1] It began as S. 1191. Senator Walter F. Mondale of [[Minnesota]] introduced the bill in the [[United States Senate]] on March 13, 1973, for himself and thirteen cosponsors.[^2] The Subcommittee on Children and Youth of the Committee on Labor and Public Welfare, which Mondale chaired, held hearings on the bill on March 26, 27, and 31 and April 24, 1973.[^3] Mondale opened the hearings by stating that in the past ten years every State had either passed or updated laws requiring the reporting of child abuse. He said that "we have seen that they don't work."[^4] The enacted statute responded to this with a condition on federal grants to the States. To receive the state share of funds, a State had to have in effect a child abuse and neglect law that gave reporters immunity from prosecution. It also had to provide for the reporting of known and suspected instances and require that an investigation be initiated promptly on receipt of a report.[^5] The bill as introduced would have created a National Commission on Child Abuse and Neglect. The Commission was to study the effectiveness of existing reporting laws and the proper federal role in state and local efforts.[^6] The enacted Public Law 93-247 contains no Commission. It instead assigns research and a national incidence study to the National Center.[^7] ## Who - **Sponsor and cosponsors.** Mondale introduced S. 1191 for himself and, as printed in the bill, Senators Bath, Beall, Bible, Hathaway, Hughes, Kennedy, McGovern, Packwood, Pastore, Pell, Randolph, Stafford, and Williams. The bill was referred to the Committee on Labor and Public Welfare.[^2] - **Subcommittee.** The Subcommittee on Children and Youth was listed with Mondale as chairman and with Senators Williams, Randolph, Kennedy, Nelson, Cranston, Hathaway, Taft, Beall, and Stafford as members.[^3] - **Full committee chairman.** Senator Harrison A. Williams, Jr., of New Jersey chaired the full committee. He wrote to Mondale on March 8, 1973, urging hearings "as soon as possible" and pledging his support.[^8] - **Senators' statements.** Senator Jennings Randolph of West Virginia gave a statement at the opening hearing.[^9] Senator Robert T. Stafford of Vermont submitted a prepared statement saying he "was happy to join" as a cosponsor.[^10] - **Witnesses.** Witnesses included David Gil, professor of social policy at Brandeis University. They also included Stephen Kurzman, Assistant Secretary for Legislation at the Department of Health, Education, and Welfare, and Henry C. Kempe of the University of Colorado Medical Center.[^11] - **Administering officer.** The enacted Act places its functions in the Secretary of Health, Education, and Welfare.[^7] ## What The enacted Act defines "child abuse and neglect" as physical or mental injury, sexual abuse, negligent treatment, or "maltreatment of a child under the age of eighteen". The harm must be caused by a person responsible for the child's welfare, in circumstances indicating that the child's health or welfare is harmed or threatened, as determined under the Secretary's regulations.[^12] In the Statutes at Large, marginal notes place the Act's sections at 42 U.S.C. 5101 through 5104 and 5106.[^1] The enacted text differs from the introduced bill in several ways: - The introduced bill directed the Center to compile a listing of accidents involving children under eighteen.[^6] The enacted text drops that duty. It adds technical assistance, research into causes, and a study of national incidence.[^7] - The introduced bill proposed amending Section 422(a)(1) of the Social Security Act, effective July 1, 1973, to require state child abuse programs.[^13] - The enacted Act instead requires programs assisted under part A or B of title IV of the Social Security Act to comply with four of the state-grant conditions: reporting, prompt investigation, confidentiality, and cooperation.[^5] ## When - March 8, 1973: Williams writes to Mondale urging hearings.[^8] - March 13, 1973: S. 1191 is introduced and referred to the Committee on Labor and Public Welfare.[^2] - March 26, 27, and 31 and April 24, 1973: the subcommittee holds hearings.[^3] - January 31, 1974: Public Law 93-247 is approved.[^1] ## Where The opening hearing met in room 4232 of the Dirksen Office Building in Washington, with Mondale presiding.[^4] Mondale announced that the Saturday session would be held in Denver to hear the University of Colorado Medical Center team. The March 31 witnesses were drawn from that center and from Colorado General Hospital.[^11] ## Why The statements on the record describe the bill's purpose in different terms: - **Mondale** called the bill a vehicle for a thorough study of the medical, legal, and sociological aspects of child abuse. He said that, in terms of legislation, it would be the first attempt to identify and deal with the problem at the national level.[^4] - **Williams** stated in his letter that the time had come to prevent child abuse, identify the victims, and help the children and their families.[^8] - **Randolph** stated that all 50 States had reporting codes and regulations. He said those laws were "not being transformed into workable programs for the detection" and treatment of child abuse.[^9] Gil testified that his nationwide studies of physical child abuse had been conducted at the request of the Children's Bureau of the Department of Health, Education, and Welfare. The findings were published by Harvard University Press in 1970. He proposed a definition of abuse broad enough to cover acts by institutions such as schools, juvenile courts, and correctional facilities. It also covered abuse and neglect "tolerated or perpetrated by society collectively".[^14] The definition the statute enacted is limited to harm by a person responsible for the child's welfare.[^12] ## How - **National Center.** Section 2 directs the Secretary to establish the National Center on Child Abuse and Neglect. The Center is to publish an annual research summary, maintain an information clearinghouse, publish training materials, provide technical assistance, conduct research, and study the national incidence of child abuse and neglect.[^7] - **Demonstration grants.** Section 4(a) authorizes grants and contracts to public agencies and nonprofit private organizations. Eligible uses include training programs, multidisciplinary centers, consulting teams for small communities, and other programs, including parent self-help. Not less than 50 per centum of appropriated funds must be used for these purposes.[^15] - **State grants.** Section 4(b) allows the Secretary to use 5 to 20 per centum of appropriations for grants to States. Each State must meet ten conditions, including: - reporter immunity, reporting, and prompt investigation; - confidentiality of records; - appointment of a guardian ad litem in every judicial proceeding; - no reduction of state support below the fiscal year 1973 level; - preferential treatment, to the extent feasible, for parental organizations.[^5] - **Limits and distribution.** Assistance may not be used for construction of facilities. The Secretary must set criteria for equitable distribution among States, geographic areas, and rural and urban areas.[^16] - **Advisory Board and coordination.** Section 6 directs the Secretary to appoint an Advisory Board within sixty days. The Board must report to the President and Congress within eighteen months, including a study of the relationship between drug addiction and child abuse and neglect.[^17] Section 7 directs the Secretary to issue regulations ensuring coordination with other federally assisted programs.[^18] ## How much The introduced bill authorized $10,000,000 for the fiscal year ending June 30, 1973. It authorized $20,000,000 for each of the four succeeding fiscal years and $100 per day in compensation for Commission members.[^6] The enacted Section 5 authorizes the following amounts:[^19] - $15,000,000 for the fiscal year ending June 30, 1974; - $20,000,000 for the fiscal year ending June 30, 1975; - $25,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year. The Act also allows the Advisory Board report to be funded from Section 5 appropriations, at one-half of 1 per centum or $1,000,000, whichever is less.[^17] ## How many Mondale stated that some 60,000 children were reported abused each year.[^4] Randolph cited a study by Kempe that also found approximately 60,000 reported cases annually. He cited estimates of 10 to 100 unreported cases for each reported case. He also stated that only 10 States required a person knowing of child abuse to report it.[^9] The introduced bill provided for a fifteen-member Commission.[^6] The enacted Advisory Board was to include representatives of seven named federal bodies, among them the Office of Child Development and the National Institute of Mental Health.[^17] ## In the Minnesota record ### Who - Mondale, a U.S. Senator from Minnesota, introduced S. 1191 and chaired the subcommittee that heard it.[^2][^3] - Mondale described a scheduled witness, Dr. Paulsen, dean of the University of Virginia Law School, as "formerly my professor" at the [[University of Minnesota]].[^20] ### What - The bill Mondale introduced as the "Child Abuse Prevention Act" was enacted as Public Law 93-247, the Child Abuse Prevention and Treatment Act.[^2][^1] ### When - Mondale introduced the bill on March 13, 1973, and opened hearings on March 26, 1973. The statute was approved on January 31, 1974.[^2][^4][^1] ## Notes [^1]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974), 88 Stat. 4 — approval date, long title, short title, and marginal U.S. Code notes. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^2]: U.S. Senate, *S. 1191, 93d Congress, 1st Session*, printed in *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 13, 1973) — introduction by Mondale and the listed cosponsors; referral to committee. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^3]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (1973) — title page, hearing dates, and committee and subcommittee rosters. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^4]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 26, 1973) — Mondale's opening statement: location, 60,000 figure, state laws, purpose of the bill. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^5]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 4(b): state-grant share and conditions (A)–(J); title IV compliance. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^6]: U.S. Senate, *S. 1191, 93d Congress, 1st Session* (March 13, 1973) — introduced Sections 2–4: Center duties, authorizations, and National Commission. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^7]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 2: National Center and its six duties. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^8]: U.S. Senate, Committee on Labor and Public Welfare, *Letter of Harrison A. Williams, Jr., to Walter F. Mondale*, printed in *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 8, 1973) — urging hearings and legislation. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^9]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 26, 1973) — Randolph's statement: Kempe estimate, unreported cases, state laws. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^10]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 26, 1973) — prepared statement of Robert T. Stafford. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^11]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (1973) — chronological list of witnesses; Mondale's announcement of the Denver session. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^12]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 3: definition of "child abuse and neglect". https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^13]: U.S. Senate, *S. 1191, 93d Congress, 1st Session* (March 13, 1973) — introduced Section 5: proposed amendment to Section 422(a)(1) of the Social Security Act. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^14]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 26, 1973) — testimony of David Gil on his studies and proposed definition. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf [^15]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 4(a): demonstration grants and 50 per centum floor. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^16]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 4(c)–(d): construction bar and equitable distribution. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^17]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 6: Advisory Board membership, report, and funding cap. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^18]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 7: coordination regulations. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^19]: U.S. Statutes at Large, *Public Law 93-247* (January 31, 1974) — Section 5: authorizations of appropriations. https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg4.pdf [^20]: U.S. Senate, Subcommittee on Children and Youth, *Child Abuse Prevention Act, 1973: Hearings on S. 1191* (March 26, 1973) — Mondale's announcement of the next day's witnesses. https://www.govinfo.gov/content/pkg/CHRG-93shrg95591O/pdf/CHRG-93shrg95591O.pdf